BoG’s credibility dented by ruling on revocation of uniCredit’s license

The Bank of Ghana (BoG) has indicated that it will appeal a Court of Appeal ruling directing the central bank to reverse the revocation of the license  of Savings and Loans Company uniCredit in 2019 .

According to the Bank of Ghana, it has instructed its lawyers to appeal the decision in the interest of promoting financial stability in the country.

The Court of Appeal in its ruling yesterday[ 6/7/2022] described the Bank of Ghana’s decision to revoke the license of uniCredit as wrong because the regulator did not go through the right procedure in taking the action.

Sources close to the Bank of Ghana noted that it has asked the Receiver of Unicredit to continue to perform his statutory functions while appeal processes are filed by the Central Bank.

By  the ruling , the Court of Appeal reversed the earlier decision of the Human Rights Court dated 18th March 2021 which held that the Bank of Ghana followed the relevant laws and due process in revoking the license of uniCredit Ghana .

Background

The Court of Appeal declared as unlawful the decision by the Bank of Ghana to revoke the licence of uniCredit Savings and Loans.

In a unanimous decision, the Court, quashed the revocation of the savings and loans firm’s license which was contained in the Bank of Ghana’s notice, dated 16th August 2019.

The decision of the Court of Appeal chaired by Justice Suubaareh with Justice Merley Afua Wood and Justice Janapare A. Bartels as panel members was delivered on Thursday, July 7, 2022.

The revocation of uniCredit license was contained in Bank of Ghana’s notice dated 16th August 2019.

The Human Rights Division of the Accra High Court presided over by Justice Gifty Adjei Addo had in 2020 dismissed an application for Judicial Review filed by HODA Holding against the Central Bank, following the revocation of the operating license.

Dissatisfied with the decision, lawyers of uniCredit filed an appeal against the judgment of the High Court, hence the latest verdict.

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